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Basic Prenup Template for England and Wales

A prenuptial agreement governed by the laws of England and Wales is a legally binding document entered into by couples before marriage. It sets out how their assets will be divided in the event of divorce or separation. While not automatically binding in English courts, following the Radmacher v Granatino case, these agreements carry significant weight when properly executed with full financial disclosure and independent legal advice.

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What is a Basic Prenup?

A Basic Prenup is essential for couples in England and Wales who wish to protect their individual assets before entering into marriage. This document typically includes detailed financial disclosure, property arrangements, and provisions for future asset division. While prenuptial agreements were historically not enforceable in England and Wales, they now carry significant weight in courts when properly executed with independent legal advice and without duress. The agreement must be signed at least 28 days before the marriage and should account for both parties' basic needs and any future children.

What sections should be included in a Basic Prenup?

1. Parties: Details of both parties entering into the agreement

2. Background: Context of the agreement and relationship status

3. Definitions: Key terms used throughout the agreement

4. Financial Disclosure: Statement of assets and liabilities of both parties

5. Property Division: How existing and future property will be treated

6. Independent Legal Advice: Confirmation that both parties received independent counsel

What sections are optional to include in a Basic Prenup?

1. Inheritance Rights: Provisions for addressing inheritance matters when significant inherited assets are involved

2. Business Interests: Provisions for protection of business assets when either party owns a business

3. Foreign Property: Provisions for treatment of overseas assets when international property exists

What schedules should be included in a Basic Prenup?

1. Schedule of Assets: Detailed list of each party's assets and their values

2. Schedule of Liabilities: Detailed list of each party's debts and obligations

3. Certificate of Independent Legal Advice: Signed statements from both parties' lawyers

4. Property Valuations: Professional valuations of significant assets

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Cost

Free to use

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